- 1 - NC: 2025:KHC:7638 WP No. 22870 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22870 OF 2024 (BDA) BETWEEN: SRI C. SRINIVAS S/O LATE CHINNAPPA AGED ABOUT 60 YEARS, R/O NO.35, 2ND CROSS ROAD, GUDDADAHALLY, HEBBALA R.T. NAGARA BENGALURU-560 032. …PETITIONER (BY SMT. UMA SHANKAR M N.,ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER RECOVERY AND REALLOTMENT BENGALURU DEVELOPMENT AUTHORITY BENGALURU-560 001. …RESPONDENTS (BY SRI. B VACHAN.,ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO HAND OVER THE LEFT OVER/UNUTILIZED PORTION OF LAND MEASURING 3 GUNTAS IN 14 GUNTAS OF ACQUIRED LAND IN SY NO. 92 OF HEBBAL VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK AS PER DATED 10.10.2023 ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:7638 WP No. 22870 of 2024 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner the erstwhile owner of land in Sy.No.92, situated at Hebbal Village, Bengaluru North Taluk that had been acquired by the respondent-BDA for formation of outer ring road is before this Court seeking directions to respondent-BDA to hand over unutilized portion of land measuring 3 guntas, out of 14 guntas of land in Sy.No.92. Basis on which, the said relief is sought is a resolution that is stated to have been passed by the respondent-BDA in its meeting No.109/97 dated 04.04.1997. 2. Learned counsel for the petitioner relying upon the said resolution produced at Annexure-B submits that the said resolution has indeed been given effect to, in terms of which a deed of sale dated 23.07.1999 had been executed in favour of brothers/family members of the petitioner re-conveying an extent of 3 guntas of land in their favour. Learned counsel relying upon the aforesaid two documents, insists that similar benefit be accorded to the petitioner, as he is also situated in - 3 - NC: 2025:KHC:7638 WP No. 22870 of 2024 the same position as that of the person mentioned in the said deed of sale. 3. In response, learned counsel for the respondent-BDA submits that the said resolution was purportedly passed in the year 1997, present petition is after almost twenty five years of the aforesaid resolution. The position and status has completely changed and there is no land available, even if the said is sought to be given effect to. He further submits that a relief on the basis of parity can be asked at relevant point in time and not after lapse of decades. Hence, seeks for dismissal of the petition. 4. Heard and perused the records. 5. As rightly, pointed out by the learned counsel for the respondent-BDA reliance placed on by the learned counsel for the petitioner for seeking relief as sought for in the writ petition is on the resolution that is passed in the year 1997, which is almost more than twenty five years ago. Parity is sought based on the sale deed of the year 1997, which is also more than twenty five years. - 4 - NC: 2025:KHC:7638 WP No. 22870 of 2024 6. It is settled position of law, the equality has to be claimed at the right juncture within a reasonable time and not after lapse of decades. 7. Be that as it is. Since, learned counsel for the petitioner vehemently submits that unutilized land of 3 guntas is still laying vacant, the fact situation of the matter requires consideration and determination at the hands of respondent- BDA. 8. In that view of the matter, petition is disposed of with a direction to the respondent-BDA to consider the representation dated 16.10.2023 filed by the petitioner as per Annexure-A, taking into consideration the factual aspect of the matter and pass appropriate order by one way or the other in accordance with law as expeditiously as possible. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 42